Amendments.” Compl. ¶ 2. It later alleges that “Dwight Morgan violated the Plaintiff’s
due process rights under the 4th, 5th, and 14th Amendments,” and that plaintiff “was
also subjected to cruel and unusual punishment under the 6th Amendment.” Id. ¶¶ 36,
38. These are presumably typographical errors since the Complaint makes no further
mention of First Amendment violations, the Fourth Amendment does not contain a due
process clause, the Fifth Amendment due process clause only applies to the federal
government, and the prohibition on cruel and unusual punishment lies in the Eighth
Amendment. Moreover, the Eighth Amendment does not apply to “public school
disciplinary practices.” Rhoades v. Chapman, 452 U.S. 337, 345 n.11 (1981) (citing
Ingraham v. Wright, 430 U.S. 651 (1977)). Therefore, plaintiff’s First Amendment,
Fourth Amendment, Fifth Amendment, and Sixth or Eighth Amendment claims are
dismissed.